A/66/313
34. While the socio-economic marginalization and exclusion of Roma was one of
the most frequent manifestations of the racism and racial discrimination they faced,
Roma were also victims of discrimination in the enjoyment of their civil and
political rights. Indeed, in a number of countries, Roma were discriminated against
in their access to citizenship, and they were still widely excluded from the public
and political life of many countries, where they remained underrepresented or not
represented at all in States’ public administration and institutions, or in political
parties. The Special Rapporteur also noted with concern that Roma were
discriminated against in access to justice, including in the criminal justice system,
where discriminatory attitudes by prosecutors, excessive delays in dealing with
cases brought by Roma and racial profiling by the police were reported.
35. Violence against Roma by private and public actors remains a serious and
increasing problem in many countries. In this context, the Special Rapporteur
highlighted abuse and violence against Roma by the police, the rise of extremism
which increased Roma vulnerability to racist violence, and the persistence of racist
and xenophobic discourse against Roma by public officials and politicians,
including high-ranking State officials.
36. The situation of Roma migrants who face double discrimination as Roma and
non-citizens was also raised with concern by the Special Rapporteur. He noted that
the poverty they experienced in their country of origin, as well as racism, racial
discrimination and marginalization, often helped to explain their emigration.
Furthermore, for several years Roma migrants had frequently been targeted by
security policies and discourse that had sometimes resulted in their expulsions. In
that regard, the Special Rapporteur expressed his concern about the targeted
expulsion of Roma migrants, including to countries where they were likely to face
discrimination. He called upon States to respect the rights of Roma migrants as
guaranteed by the relevant regional and international human rights instruments.
37. While assessing the reasons for racial discrimination and racism against Roma
remained complex, the Special Rapporteur stressed that three main factors, which
should not be considered as exhaustive, might explain the persistence of such a
situation. They included the lack of participation of Roma in decision-making
processes, the lack of implementation of policies and legislation targeting Roma,
and the structural dimension of the racism and racial discrimination they faced. In
that regard, the Special Rapporteur also underlined that Roma were confronted with
institutionalized discrimination reflected both in legislation, policies and
administrative measures, and in the discriminatory attitudes of State officials. He
emphasized the need for States to ensure that the behaviour of their agents complied
with their international human rights obligations.
3.
Discrimination based on work and descent, including discrimination based on
caste and analogous systems of inherited status
38. The Special Rapporteur has repeatedly raised the negative impact of
discrimination based on work and descent on the full enjoyment of civil, cultural,
economic, political and social rights. He reaffirms that States have to recognize that
discrimination on the ground of descent constitutes a form of racial discrimination
prohibited by the International Convention on the Elimination of All Forms of
Racial Discrimination. The Special Rapporteur has associated himself with the
position taken by the Committee on the Elimination of Racial Discrimination which
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